People v. Stanciel

• Decision Date: 19 November 1992
• Docket Number: 73184,Nos. 73097,s. 73097
• Citation: 180 Ill.Dec. 124,153 Ill.2d 218,606 N.E.2d 1201
• Parties: , 180 Ill.Dec. 124 The PEOPLE of the State of Illinois, Appellant, v. Elijah STANCIEL et al. (Violetta Burgos, Appellee). The PEOPLE of the State of Illinois, Appellee, v. Barbara PETERS, Appellant.
• Court: Illinois Supreme Court

Page 1201

606 N.E.2d 1201

153 Ill.2d 218, 180 Ill.Dec. 124

The PEOPLE of the State of Illinois, Appellant, v. Elijah STANCIEL et al. (Violetta Burgos, Appellee).

The PEOPLE of the State of Illinois, Appellee, v. Barbara PETERS, Appellant.

Nos. 73097, 73184.

Supreme Court of Illinois.

Nov. 19, 1992.

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Randall Roberts, Loren A. Seidner, and Maureen A. Harton, Asst. State's Attys., of counsel), for the People in No. 73097.

Rita A. Fry, Public Defender, Chicago (James H. Reddy, of counsel), for appellee in No. 73097.

Walsh, Neville, Pappas & Mahoney, Chicago (Matthew P. Walsh and J. Mark Lukanich of counsel), for appellant in No. 73184.

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago and Renee Goldfarb, Randall Roberts, Loren A. Seidner and Maureen A. Harton, Asst. State's Attys., of counsel), for the People in No. 73184.

Justice CUNNINGHAM delivered the opinion of the court:

At issue before us is the interpretation of criminal accountability as found in section 5-2 of the Criminal Code of 1961 (Ill.Rev.Stat.1991, ch. 38, par. 5-2(c)). Consolidated for purposes of appeal are the cases of People v. Elijah Stanciel and Violetta Burgos, No. 73097 (225 Ill.App.3d 1082, 168 Ill.Dec. 157, 589 N.E.2d 557), and People v. Barbara Peters, No. 73184 (224 Ill.App.3d 180, 166 Ill.Dec. 511, 586 N.E.2d 469). In the case of Violetta Burgos, the State appeals the judgment of the appellate court reversing the decision of the trial court, wherein the defendant was convicted for the murder of her daughter, Electicia Asbury, on the basis of her accountability for the murder by the principal, Elijah Stanciel. In the case of Barbara Peters, the defendant appeals the appellate court's judgment affirming the decision of the trial court, wherein she was convicted of the murder of her son, Bobby Peters, on the basis of her accountability for the murder by the principal, Kenneth Jacobsen. In the case of People v. Elijah Stanciel and Violetta Burgos, we reverse the judgment of the appellate court with respect to the conviction of Violetta Burgos. In the case of People v. Barbara Peters, we affirm the judgment of the appellate court.

FACTS (Burgos)

Concerning the case of Violetta Burgos, Elijah Stanciel and Burgos were charged by indictment with murder, aggravated criminal sexual assault, and criminal sexual assault. In a bench trial, they were convicted of the murder of Burgos' child, Electicia Asbury. Burgos had lost custody of the child in 1984 after Electicia had suffered a broken leg in a child abuse case involving Stanciel. One of the conditions of her regaining the custody of the child was that she refrain from having any contact with Stanciel. Burgos, however, admitted that she continued her relationship with Stanciel, concealing that fact by living in separate residences. Burgos stated that she had let Stanciel assume the role of disciplinarian over the victim in March 1986.

On April 19, 1986, Electicia Asbury died as a result of multiple blunt force injuries. According to statements made by both Stanciel and Burgos, in the morning hours of that day, Stanciel had spanked the girl because she had urinated on the floor. Later that day, after lunch, Electicia spit up on the floor. Stanciel then punched the three-year-old girl twice in the stomach because her buttocks were too raw. Later that afternoon, Electicia lost consciousness. Stanciel admitted biting the victim.

Burgos took the victim home, carrying the limp body, as the child could not walk. As Burgos carried Electicia up the stairs to their apartment, they fell. After Burgos' attempts to revive the little girl were unsuccessful, she contacted the paramedics. Electicia was taken to St. Francis Hospital, where she was pronounced dead that same day.

Detective Gildea testified for the State and related comments made to him by Stanciel. On many occasions, Stanciel administered punishment, including beatings with a belt, exercises and striking in various manners. Detective Gildea also testified to comments made to him by Burgos. Burgos stated that since March, Stanciel had taken over the disciplining of the child, and the punishment sometimes involved spanking (sometimes with a strap) and sometimes exercises, such as headstands.

A post-mortem examination conducted by forensic dentist Dr. John P. Kenney revealed that Burgos had also participated in abusing the victim. Dr. Kenney concluded that five bite marks found on the right cheek, right arm, right buttock and back of the victim were inflicted by Burgos. According to Dr. Kenney, these marks showed that the victim had been abused over a long period of time. Of the approximately 21 remaining bite marks, five others were inflicted by Stanciel.

Dr. Mitra Kalekar testified that she was deputy medical examiner for Cook County and that her field of expertise was forensic pathology. She stated the victim died as a result of multiple repeated blunt force injuries to her body, which had been sustained over a period of time. At the time of her death, Electicia had a ruptured viscus and intestine, as well as injuries to her bowel and liver. She also had numerous blunt trauma injuries of lacerations, bruises, abrasions and scars about her head, face, body and limbs. These included lacerations to her left ear and chin, injuries in the vaginal area, a cluster of bruises on the right side of her forehead, and other multiple bruises throughout both arms, both legs, chest and abdominal areas, back and buttocks. She also had an area of a scalding burn on her lower leg. Dr. Kalelkar noted that these wounds were in various stages of healing.

When questioned by the police concerning the numerous injuries to her daughter, Burgos related the account of the fall that had occurred on the stairs, but did not offer any other explanation. Burgos did not initially tell the police of her contact with Stanciel because of the Department of Children and Family Services prohibition on such contact. She later informed the police of her living arrangements with Stanciel and his role as disciplinarian.

FACTS (Peters)

Concerning the case of People v. Barbara Peters, the facts show that on December 17, 1987, Barbara Peters' son, Bobby, died at the age of 20 months at LaGrange Memorial Hospital. He had been brought there by his mother and Kenneth Jacobsen, her boyfriend for six months. Bobby was not breathing at the time he was taken to the hospital, and efforts to resuscitate him were unsuccessful. An autopsy showed that he died as a result of bilateral subdural hematomas which resulted from blunt head trauma.

Peters and Jacobsen were charged in a 19-count indictment with the offenses of first degree murder, aggravated battery to a child, cruelty to a child, and endangering the life or health of a child. Their cases were severed prior to trial.

A former baby-sitter, Karen Wagner, testified at trial for the State. She had begun baby-sitting for Bobby four or five times a week in April 1987. She first noticed problems with Bobby's physical condition in July 1987, a month after Peters had begun dating Jacobsen. At that time, she noticed a rash on Bobby which she described as "red, raw, dry and it was cracking." She obtained the name of a pediatrician through the child's father, and at his direction used ointment on the rash.

Later that month, again while baby-sitting, she noticed a bruise covering Bobby's entire buttocks. Wagner testified she questioned Peters about this, and the latter responded she thought Bobby had fallen at Wagner's home. Wagner testified that Bobby had never bruised himself to that extent any time he had fallen in her home.

In early August 1987, Wagner saw small bruises on Bobby's cheeks, chin, and forehead. She testified that Jacobsen told her Bobby had fallen off the ladder of a slide. She did not observe any dirt or blood on the child's clothes at the time. When Wagner told Peters what Jacobsen had said, the defendant did not respond. Later that August, after Jacobsen had brought Bobby to Wagner's house, she noticed four or five "bumpy-like welts" scattered around the center of his back. In response to Wagner's inquiry concerning the welts, Jacobsen responded that the child had fallen down an elevator shaft.

In September 1987, Bobby came to Wagner's house with a split on the inside and outside of his lower lip. Peters told Wagner that Bobby had fallen on the sidewalk. At this point, Jacobsen had moved in with Peters. Jacobsen would look after Bobby during the week, while Wagner looked after the child on the weekends.

In October 1987, Peters took Bobby to Wagner's home for a party, dressed in his pajamas. Upon attempting to remove Bobby's diaper, the child's leg stuck to the pajama. After removing the pajama, Wagner saw an oval-shaped burn which measured about two to three inches in diameter running across Bobby's calf. Wagner testified that the skin on Bobby's leg was "raw and pussy." When Wagner asked Peters how this had happened, Peters told her the burn was caused from Bobby's clothes rubbing on the back of his leg. Wagner testified that she had never noticed a similar such injury before this.

Later in October, in a telephone conversation with Wagner, Peters related that Bobby had to be taken to the hospital for burns to his back and neck. Her explanation for this was that Jacobsen had tripped over Bobby and spilled hot tea over him. Wagner testified that Peters told her they were going to arrest Jacobsen for child abuse and the hospital was going to press charges against him. Wagner saw Bobby the next day and described him as "walking stiff." He could not move his head from side to side, and when she removed his shirt, she saw that the burn went "from the top of his scalp down his...